Re: "Take your guns to work" law is wrong.
- From: "RD (The Sandman)" <rdsandman(spamlock)@comcast.net>
- Date: Sat, 19 Apr 2008 14:06:40 -0500
Bama Brian <eddyclay@xxxxxxxxxxxxxx> wrote in
news:XKOdnfFKr9MclZfVnZ2dnUVZ_oqhnZ2d@xxxxxxxxxxxxx:
RD (The Sandman) wrote:
Jim Yanik <jyanik@xxxxxxxxx> wrote in
news:Xns9A847B68FD0E9jyanikkuanet@ 64.209.0.85:
Bert Hyman <bert@xxxxxxxxxxx> wrote in
news:Xns9A83DE554982DVeebleFetzer@xxxxxxxxxxxxx:
In news:oUTNj.12677$Ho5.6748@trnddc01 "Scout"your property rights end where mine begin.
<me4guns@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote:
I mean, you are going to honor my rights?You're apparently not at all interested in honoring mine.
As do yours where mine begin. It is a two way street. You have the
right to carry a gun in your car.....I have the right to not have
that gun on my property. Park in the street.
My car is -my- property.
what's inside it is none of your business,even if it IS parked on
your property,by your permission.
The point you miss is that if you have something in that car, I have
prohibited from my property, you no longer have that permission.
RD, we seem to be arguing on two levels: The right of the homeowner
to ban certain items from his property; and the right of the business
owner to ban certain items from public areas.
Yes, and those are about the same when the business has controlled
parking.
When the business is part of, say, a strip mall, the business owner
cannot dictate any conditions for parking since it is completely open to
the public. If the business owns the property and is open to the common
public it cannot dictate any conditions for parking..
However, if the business owns the property and it is only open to
employees, he can. He has control over what can or cannot be brought
onto that property. Control over the lot may be by controlled access (a
badge or passkey, for example, or a guarded gate). He may even state as
a condition of employment that cars may be randomly searched. Any one
who parks there must meet certain conditions. Be an employee, be on duty
at that time, don't bring prohibited items on the property, etc..
At a home, the homeowner has absolute rights as you noted below. Access
there is controlled by invite.
The homeowner should have absolute rights. But the business owner,
having opened the parking lot to public passage - and typically never
shutting it - doesn't have those rights.
Depends. As I noted if it is open to the general public, no. If access
is controlled one way or another, then he probably does.
Now if I took the doors off my house and opened it up to entry by just
anyone, the courts could rightfully say that I had failed in my
personal duty to protect my property.
In many ways, that is a shame. You have to modify your behaviour due to
folks who trespass and aren't invited. By that same token, one should be
able to leave his keys in his car while parked in his own driveway and
expect that car to be there when he returned to it. Unfortunately, that
is not today's society......
--
RD (The Sandman)
War is absolute hell.....but to give in
to terrorism is much, much worse
.
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